N . TRIVENI Vs. G . T . SHANKAR

JUDGEMENT

(1.) CHALLENGE in this appeal is to an order on I.A.No. 3/judgment passed by the VIII Additional City Civil and Sessions Judge, Bengaluru in O.S.No. 3353/2014. By the said order, not only the plaint was rejected, but suit was dismissed as barred by law and also as not maintainable.

(2.) SUIT was filed on 28.04.2014, to pass a decree of permanent injunction restraining the defendant from interfering with the plaintiffs peaceful possession and enjoyment of the plaint schedule property. The defendant appeared and filed written statement interalia contending that the suit schedule property was the subject matter of acquisition by the Government of Karnataka for the implementation of a development scheme by the Bangalore Development Authority and that the BDA formed the residential layout and that the property in question being a corner site was notified for auction sale and Smt. K. Saraswathi was the highest bidder and that the sale deed was executed in her favour by delivering possession of the site and the katha was also registered in her name. It was stated that Smt. K. Saraswathi, having sold the said site to Smt. Nagaveni Pradeep, the defendant purchased the property on 28.03.2007. It was further stated that the plaintiff's husband had filed W.P.No. 34731/2011 against the defendant and the same was disposed of on 14.09.2011. It was contended that the suit is barred by law and is also not maintainable. It was stated that the suit schedule property is the absolute property of the defendant and he is in lawful possession and enjoyment of the same and that the suit is liable to be dismissed with costs.

(3.) I .A.No.3 was filed under Order 7, Rule 11 r/w Sec. 151 Civil Procedure Code by the defendant, to reject the plaint as not maintainable and barred by law. The Trial Judge by raising the points for consideration and after appreciation of the pleadings and the documents produced by both parties has passed the aforesaid order on 05.08.2014.